Monday, May 13, 2019

Hearings Begin Tomorrow in Federal Court as URM Owners Seek Preliminary Injunction Against the City of Portland, OR

Two days of hearings on a preliminary injunction against the placarding of unreinforced masonry buildings in Portland begin in Federal Court tomorrow.

In early April the City of Portland was found in violation of a temporary restraining order by attempting to enforce its placard ordinance. A few weeks later, the court found the City in violation of the restraining order a second time.

Attorneys representing owners of unreinforced masonry buildings had to send a letter demanding remedies for the second round of violations of the court's temporary restraining order, specifically for these violations:

  • The City illegally recorded contracts on titles.
  • The City illegally accepted contracts after the temporary restraining order date.
  • The City failed to remove enforcement language on websites.

The judge ordered the City of Portland to:

  • Remove the encumbrances off titles and deeds.
  • Return the contracts to building owners.
  • Refund the costs related to contract recording.
  • Update placard websites with a restraining order notice.
  • Follow a phone and email script approved by Judge Acosta.

Judge Acosta begins two full days of hearings Tuesday, May 14th and Wednesday, May 15th at 8:30 am in courtroom 11B at the Federal Courthouse located at 1000 SW 3rd, Portland, Oregon.

Unreinforced Masonry Owners are hoping to win this first round of hearings in order to move forward with a motion for a permanent injunction on the placard requirement.

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